A/HRC/13/23/Add.1 viewed as a key factor ensuring the development of Kazakhstan as a multi-ethnic State. The Russian language is an important medium of communication for ethnic groups in Kazakhstan. 81. Evidence exists that nationality and ethnicity are increasingly important individual and group markers within Kazakh society. This may have a negative impact on the extent to which a shared sense of national identity emerges, based on integration and unity in diversity. Confidence-building measures should include strengthening legislation in the field of anti-discrimination and judicial remedies available to those who believe they have suffered discrimination on the grounds of national or ethnic origin. 82. Members of minority communities described an environment of relative equality and non-discrimination in private-sector employment, access to services and general societal interactions. Non-discrimination provisions exist in both the Constitution and individual pieces of legislation. However, no cases challenging discriminatory actions on the grounds of ethnicity have ever come before the courts. Some Government officials interpret this to mean that there is no discrimination in society. On the contrary, the absence of cases may be evidence of an inadequate legislative framework, a lack of independent and effective mechanisms for individuals to make complaints and a lack of public confidence in the process. 83. The independent expert endorses the recommendation of the Committee on the Elimination of Racial Discrimination following its consideration of Kazakhstan in 2004. Specific legislation regarding racial discrimination should be adopted to implement the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination, and include a legal definition of racial discrimination that complies with the Convention. Legislation should create civil penalties for racial discrimination and authorize the establishment of a statutory monitoring and enforcement body with effective powers. The office of the Ombudsman should be restructured into an independent national institution that complies with internationally recognized rules of independence (the Paris Principles). Such legislation would considerably enhance enforcement of the rights of individuals to seek and receive remedies for acts of discrimination against them. 84. The historical and geopolitical circumstances that created modern Kazakhstan also produced a social and demographic dynamic in which many citizens, including many ethnic Kazakhs, do not speak the Kazakh language. The Government is moving forward with its policy to strengthen Kazakh as the State language. However, sensitivity must continue to be exercised to ensure that the policy does not have undue impact on the rights and opportunities of those communities that might require additional assistance, time and resources to gain proficiency in the Kazakh language. Long-term expansion of teaching and education in Kazakh alongside minority languages will allow a gradual process of learning of Kazakh by minority communities. 85. In the period of transition towards the use of Kazakh as the primary language of State administration, proficiency in Kazakh should in no way be used as a basis to confer or deny rights, freedoms and privileges belonging to all citizens. National and regional authorities must ensure that no discrimination or undue restrictions are experienced, particularly with regard to the recruitment, continuation of employment and promotion of civil servants. In addition, the rights of citizens to petition the Government or engage government services should not be impaired. 86. Minority languages should be accorded a status which allows for their use alongside Kazakh and Russian, particularly in regions with large, compact minority 20 GE.10-10602